#THE RELIGIOUS ENDOWMENTS ACT, 1863 
_________ 

##ARRANGEMENT OF SECTIONS 
________ 

###PREAMBLE. 

###SECTIONS 

1. [Repealed.]. 

2. Interpretation clause. 
“Civil Court” and “Court”. 

3. Government to make special provision respecting mosques, etc. 

4. Transfer to trustees, etc., of trust-property in charge of Revenue Board. 
Cessation of Board’s powers as to such property. 

5. Procedure in case of dispute as to right of succession to vacated trusteeship. 
Powers of managers appointed by Court. 

6. Rights, etc., of trustees to whom property is transferred under section 4. 

7. Appointment of committees. 
Constitution and duties of committees. 

8. Qualifications of member of committee. 
Ascertaining wishes of persons interested. 

9. Tenure of office. 
Removal. 

10. Vacancies to be filled. 
Procedure. 
When Court may fill vacancy. 

11. No member of Committee to be also trustee, etc., of mosque, etc. 

12. On appointment of Committee, Board and local agents to transfer property. 
Termination of powers and responsibilities of Board and Agents. 
Commencement of powers of committee. 

13. Duty of trustee, etc., as to accounts.
and of committee. 

14. Persons interested may singly sue in case of breach of trust, etc. 
Powers of Civil Court. 

15. Nature of interest entitling person to sue. 

16. Reference to arbitrators. 
Act 10 of 1940 applied.

17. Reference under Act 10 of 1940.

18. Application for leave to institute suits. 
Costs. 

19. Court may require accounts of trust to be filed. 

20. Proceedings for criminal breach of trust. 

21. Cases in which endowments are partly for religious and partly for secular purposes. 

22. Government not to hold charge henceforth of property for support of any mosque, temple, etc. 

23. Effect of Act in respect of Regulations therein mentioned, and of buildings of antiquity, etc. 

24. [Repealed.].



#THE RELIGIOUS ENDOWMENTS ACT, 1863 [^1] 

##ACT NO. 20 OF 1863 

[10th March, 1863.] 

An Act to enable the Government to divest itself of the management of Religious Endowments.

**Preamble.**—WHEREAS  it  is  expedient  to  relieve  the  Boards  of  Revenue,  and  the  local  Agents,  in  the 
Presidency of Fort William in Bengal, and the Presidency of Fort Saint George, from the duties imposed on 
them by Regulation XIX, 1810 (Ben. Reg. 19 of 1810), of the Bengal Code (for the due appropriation of the 
rents and produce of lands granted for the support of Mosques, Hindu Temples, Colleges and other purposes; 
for the maintenance and repair of Bridges, Sarais, Kattras and other public buildings; and for the custody and 
disposal  of  Nazul  Property  or  Escheats),  and  Regulation  VII,  1817  (Mad.  Reg.  7  of  1817),  of  the  Madras 
Code (for the due appropriation of the rents and produce of lands granted for the support of Mosques, Hindu 
Temples  and  Colleges  or  other  public  purposes;  for  the  maintenance  and  repair  of  Bridges,  Choultries,  or 
Chattrams, and other public buildings; and for the custody and disposal of Escheats), so far as those duties 
embrace  the  superintendence  of  lands  granted  for  the  support  of Mosques  or Hindu Temples  and  for  other 
religious uses; the appropriation of endowments made for the maintenance of such religious establishments; 
the  repair  and  preservation  of  buildings  connected  therewith,  and  the  appointment  of  trustees  or  managers 
thereof; or involve any connexion with the management of such religious establishments; . It is enacted 
as follows:— 

1. *[Repeal of parts of Bengal Regulation 19 of 1810 and Madras Regulation  7  of  1817.]—Rep.  by the 
Repealing Act, 1870 (14 of 1870), s. 1 and the Schedule.*

2. **Interpretation clause.**—In this Act,— 



[^1]. Short title given by the Indian Short Titles Act, 1897 (14 of 1897). 

The Act has been extended to Kanara by the Religious Endowments (Extension to Kanara) Act, 1865 (Bom. 7 of 1865), 
which was specially passed for that purpose. 

It has been declared, by notification under s. 3(a) of the Scheduled Districts Act, 1874 (14 of 1874), to be in force in the 
following Scheduled Districts, namely: 

	The Districts of Hazaribagh, Lohardaga (now the Ranchi 
District, see Clacutta Gazette, 1899, Pt. I, p. 44), and 
Manbhum and Pargana Dhalbhum and the Kolhan in the 
District of Singhbhum 		. 		. 				See Gazette of India, 		1881, Pt. I, p. 504.
	The Scheduled portion of the Mirzapur District   		Ditto 					1879, Pt. I, p. 383. 
	Jaunsar Bawar									Ditto 					1879, Pt. I, p. 382. 
	The Scheduled Districts in Ganjam and Vizagapatam .  	Ditto 					1898, Pt. I, p. 870. 
	Assam (except the North Lushai Hills).				Ditto 					1897, Pt. I, p. 299. 

It has been extended, by notifications under s. 5 of the last-mentioned Act to the following Scheduled Districts, namely:—
	Kumaon and Garhwal . 				See Gazette of India,		1876, Pt. I, p, 606. 
	The Tarai of the Province of Agra . 		Ditto 					1876, Pt. I, p. 505. 
	Ajmer and Merwara . 				Ditto 					1877, Pt. I, p. 605. 
The Act has been extended to and brought into force in Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and the First 
Schedule (w.e.f. 1-7-1965). 
	Section 22 applies to the whole of India except Part B States. 
	It  has  been  repealed  in  Madras  as  to  Hindu  religious  endowments  by  the  Madras  Hindu  Religious  Endowment  Act, 
1926 (Mad.  2 of  1927), and in Orissa by  the Orissa  Hindu Religious  Endowments Act, 1939  (Orissa 4 of 1939)  and has 
been amended in Bengal by the Bengal Wakf Act, 1934 (Ben. 13 of 1934).
	The Act shall not apply to any religious trust in the State of Bihar (Bihar Act 1 of 1951). 
	The Act shall not apply to any wakf to which the Wakf Act, 1954 (29 of 1954) applies vide Act 34 of 1964. 
	This Act ceased to be in force in the State of Madras by Madras Act 22 of 1959. 
	This Act has been extended to the Union territory of Jammu and Kashmir and Union territory of Ladakh by Act 34 of 
2019, s. 95 and the Fifth Schedule (w.e.f. 31-10-2019). 
 
 
 
**“Civil Court” and “Court”**.—The words “Civil Court” and “Court” shall save as provided in section 
10 mean  the  principal  Court  of  original  civil  jurisdiction in the  District  in  which or any other Court 
empowered in that behalf  by the State Government  within the  local limits of the jurisdiction of which the 
mosque, temple or religious establishment is situate, relating to which, or to the endowment whereof, any suit 
shall be instituted or application made under the provisions of this Act.

3. **Government  to  make  special  provision  respecting  mosques, etc.**—In  the  case  of  every  mosque, 
temple or other religious establishment to which the provisions of either of the Regulations specified in 2[the 
preamble to this Act] are applicable, and nomination of the trustee, manager or superintendent thereof, at the 
time of the passing of this Act, is vested in, or may be exercised by, the Government, or any public officer, or 
in which the nomination of such trustee, manager or superintendent shall be subject to the confirmation of the 
Government or any public officer, the State Government shall, as soon as possible after the passing of this 
Act, make special provision as hereinafter provided. 

4. **Transfer  to  trustees,  etc.,  of  trust-property  in  charge  of  Revenue  Board.**—In  the  case  of  every 
such mosque, temple or other religious establishment which, at the time of the passing of this Act, shall be 
under the management of any trustee, manager or superintendent whose nomination shall not vest in, nor be 
exercised  by,  nor  be  subject  to  the  confirmation  of,  the  Government,  or  any  public  officer,  the  State 
Government  shall,  as  soon  as  possible  after  the  passing  of  this  Act,  transfer  to  such  trustee,  manager  or 
superintendent, all the landed or other property which, at the time of the passing of this Act, shall be under 
the superintendence or in the possession of the Board of Revenue or any local agent, and belonging to such 
mosque, temple of other religious establishment except such property as is hereinafter provided; 

**Cessation of Board’spowers as to such property.**—and the powers and responsibilities of the Board of 
Revenue, and the local agents, in respect to such mosque, temple or other religious establishment, and to all 
land and other property so transferred, except as regards acts done and liabilities incurred by the said Board 
of Revenue or any local agent, previous to such transfer, shall cease and determine. 

5. **Procedure  in  case  of  dispute  as  to  right  of  succession  to  vacated  trusteeship.**—Whenever  from 
any cause a vacancy shall occur in the office of any trustee, manager or superintendent, to whom any property 
shall have been transferred under the last preceding section, and any dispute shall arise respecting the right of 
succession  to  such  office,  it  shall  be  lawful  for  any  person  interested  in  the  mosque,  temple  or                                
religious establishment to which such property shall belong, or in the performance of the worship or of the 
service thereof, or the trusts relating thereto, to apply to the Civil Court to appoint a manager of such mosque, 
temple  or  other  religious  establishment,  and  thereupon  such  Court  may  appoint  such  manager  to  act  until 
some other person shall by suit have established his right of succession to such office. 

**Powers of managers appointed by Court.**—The  manager  so  appointed by  the  Civil Court  shall  have 
and  shall  exercise  all  the  powers  which,  under  this  or  any  other  Act,  the  former  trustee,  manager  or 
superintendent, in whose place such manager is appointed by the Court, had or could exercise in relation to 
such mosque, temple or religious establishment, or the property belonging thereto.

6. **Rights, etc., of trustees to whom property is transferred under section 4.**—The rights, powers and 
responsibilities  of  every  trustee,  manager  or  superintendent,  to  whom  the  land  and  other  property  of  any 
mosque, temple or  other religious establishment is transferred in the  manner prescribed in  section 4 of this 
Act, as well as the conditions of their appointment, election and removal, shall be the same as if this Act had 
not  been  passed,  except  in  respect  of  the  liability  to  be  sued  under  this  Act,  and  except  in  respect  of  the 
authority  of  the  Board  of  Revenue  and  local  agents,  given  by  the  Regulations  hereby  repealed,  over  such 
mosque, temple or religious establishment, and over such trustee manager or superintendent, which authority 
is hereby determined and repealed. 

All the powers which might be exercised by any Board or local agent for the recovery of the rent of land 
or  other  property  transferred  under  the  said  section  4  of  this  Act,  may,  from  the  date  of  such  transfer,  be 
exercised by any trustee, manager or superintendent to whom such transfer is made. 

7. **Appointment of committees.**—In all cases  described in  section 3 of this Act the State Government 
shall  once  for  all  appoint  one  or  more  committees  in  every  division  or  district  to  take  the  place,  and  to 
exercise the powers, of the Board of Revenue and the local agents under the Regulations hereby repealed.

**Constitution and duties of committees.**—Such committee  shall consist  of  three  or  more persons,  and 
shall perform all the duties imposed on such Board and local agents, except in respect of any property which 
is specially provided for under section 21 of this Act. 

8. **Qualifications of member of committee.**—The  members  of  the  said  committee  shall  be  appointed 
from among persons professing the religion for the purposes of which the mosque, temple or other religious 
establishment was founded or is now maintained, and in accordance, so far as can be ascertained,  with the 
general  wishes  of  those  who  are  interested  in  the  maintenance  of  such  mosque,  temple  or  other  religious 
establishment. 

The appointment of the committee shall be notified in the Official Gazette. 

**Ascertaining wishes of persons interested.**—In order to ascertain the general wishes of such persons in 
respect of such appointment, the State Government may cause an election to be held, under such rules, by 
notification in the Official Gazette, (not inconsistent with the provisions of this Act) as shall be framed by 
such State Government. 

Every rule framed under this section shall be laid, as soon as it is framed, before the State Legislature.

9. **Tenure of office.**—Every  member  of  a  committee  appointed  as  above  shall  hold  his  office  for  life, 
unless removed for misconduct or unfitness;

**Removal.**—and no such member shall be removed except by an order of the Civil Court as hereinafter 
provided. 

10. **Vacancies to be filled.**—Whenever  any  vacancy  shall  occur  among  the  members  of  a  committee 
appointed  as  above,  a  new  member  shall  be  elected  to  fill  the  vacancy  by  the  persons  interested  as  above 
provided.

**Procedure.**—The remaining members of the committee shall, as soon as possible, give public notice of 
such vacancy, and shall fix a day, which shall not be later than three months from the date of such vacancy, 
for an election of a new member by the persons interested as above provided, under rules for elections which 
shall be framed by the State Government:

and whoever shall be then elected, under the said rules, shall be a member of the committee to fill such 
vacancy. 

**When Court may fill vacancy.**—If any vacancy as aforesaid shall not be filled up by such election as 
aforesaid  within  three  months  after  it  has  occurred,  the  Civil  Court,  on  the  application  of  any  person 
whatever, may appoint a person to fill the vacancy or may order that the vacancy be forthwith filled up by the 
remaining members of the committee, with which order it shall then be the duty of such remaining members 
to  comply;  and,  if  this  order  be  not  complied  with,  the  Civil  Court  may  appoint  a  member  to  fill  the  said 
vacancy. 

*Explanation.*—In this section “Civil Court” means the principal Court of original  civil jurisdiction in 
the district in which the mosques, temples or religious establishments for  which  the  committee  has  been 
appointed or any of them are situate.

11. **No  member  of  committee  to  be  also  trustee,  etc.,  of  mosque,  etc.**—No  member  of  a  committee 
appointed under this Act shall be capable of being, or shall act, also as a trustee, manager or superintendent of 
the mosque, temple or other religious establishment for the management of which such committee shall have 
been appointed. 

12. **On appointment of committee, Board and local agents to transfer property.**—Immediately on the 
appointment  of  a  committee  as  above  provided  for  the  superintendence  of  any  such  mosque,  temple  or 
religious  establishment,  and  for  the  management  of  its  affairs,  the  Board  of  Revenue,  or  the  local  agents 
acting  under  the  authority  of  the  said  Board,  shall  transfer  to  such  committee  all  landed  or  other  property 
which at the time of appointment shall be under the superintendence, or in the possession of the said Board or 
local agents, and belonging to the said religious establishment, except as is hereinafter provided for, 

**Termination  of  powers  and  responsibilities  of  Board  and  agents.**—and  thereupon  the  powers  and 
responsibilities  of  the  Board  and  the  local  agents  in  respect  to  such  mosque,  temple  or  religious 
establishment, and to all land and other property so transferred except as above, and except as regards acts 
done and liabilities incurred by the said Board or agents previous to such transfer, shall cease and determine. 

**Commencement of powers of committee.**—All the powers which might be exercised by any Board or 
local agent for the recovery of the rent of land or other property transferred under this section may from the 
date of such transfer be exercised by such committee to whom such transfer is made. 

13. **Duty of trustee, etc., as to accounts.**—It  shall  be  the  duty  of  every  trustee,  manager  and 
superintendent of a mosque, temple or religious establishment to which the provisions of this Act shall apply 
to keep regular accounts of his receipts and disbursements in respect of the endowments and expenses of such 
mosque, temple or other religious establishment; 

**and of committee.**—and  it  shall  be  the  duty  of  every  committee  of  management,  appointed  or  acting 
under the authority of this Act, to require from every trustee, manager and superintendent of such mosque, 
temple  or  other  religious  establishment,  the  production  of  such  regular  accounts  of  such  receipts  and 
disbursements at least once in every year; and every such committee of management shall themselves keep 
such accounts thereof.

14. **Persons  interested  may  singly  sue  in  case  of  breach  of  trust,  etc.**—Any  person  or  persons 
interested in any mosque, temple or religious establishment, or in the performance of the worship or of the 
service  thereof,  or  the  trusts  relating  thereto,  may,  without  joining  as  plaintiff  any  of  the  other  persons 
interested therein, sue before the Civil Court the trustee, manager or superintendent of such mosque, temple 
or religious establishment or  the  member of any  committee appointed under this Act, for any  misfeasance, 
breach  of  trust  or  neglect  of  duty,  committed  by  such  trustee,  manager,  superintendent  or  member  of  such 
committee, in respect of this trusts vested in, or confided to, them respectively; 

**Powers of Civil Court.**—and  the  Civil  Court  may  direct  the  specific  performance  of  any  act  by  such 
trustee, manager, superintendent or member of a committee, 

and  may  decree  damages  and  costs  against  such  trustee,  manager,  superintendent  or  member  of  a 
committee, 

and may also direct the removal of such trustee, manager, superintendent or member of a committee. 

15. **Nature of interest entitling person to sue.**—The interest required in order to entitle a person to sue 
under the last preceding section need not be a pecuniary, or a direct or immediate, interest or such an interest 
as would entitle the person suing to take any part in the management or superintendence of the trusts. 

Any person having a right of attendance, or having been in the habit of attending, at the performance of 
the worship or service of any mosque, temple or religious establishment, or of partaking in the benefit of any 
distribution  of  alms,  shall  be  deemed  to  be  a  person  interested  within  the  meaning  of  the  last  preceding 
section. 

16. **Reference to arbitrators.**—In any suit or proceeding instituted under this Act it shall be lawful for 
the Court before which such suit or proceeding is pending to order any matter in difference in such suit to be 
referred for decision to one or more arbitrators.

**Act 10 of 1940 applied.**—Whenever any such order shall be made, the provisions of Chapter 4 of the 
Arbitration Act,  1940  (10  of  1940) shall  in  all  respects  apply  to  such  order  and  arbitration,  in  the  same 
manner as if such order had been made on the application of the parties under section 21 of the said Act.

17. **Reference under Act  10 of 1940.**—Nothing  in the last  preceding section shall prevent the parties 
from applying to the Court, or the Court from making the order of reference, under the said section 21 of the 
Arbitration Act, 1940.

18. **Application for leave to institute suits.**—No  suit  shall  be  entertained  under  this  Act  without  a 
preliminary application being first made to the Court for leave to institute such suit.

The Court, on the perusal of the application, shall determine whether there are sufficient prima facie 
grounds for the institution of a suit, and, if in the judgment of the Court there are such grounds, leave shall be 
given for its institution.

**Costs.**— If the Court shall be of opinion that the suit has been for the benefit of the trust, and that no 
party to the suit is in fault, the Court may order the costs or such portion as it may consider just to be paid out 
of the estate.

19. **Court may require accounts of trust to be filed.**—Before giving leave for institution of a suit, or, 
after leave has been given, before any proceeding is taken, or at any time when the suit is pending, the Court 
may order the trustee, manager or superintendent, or any member of a committee, as the case may be, to file 
in Court the accounts of the trust, or such part thereof as to the Court may seem necessary.

20. **Proceedings for criminal breach of trust.**—No suit or proceeding before any Civil Court under the 
preceding sections shall in any way affect or interfere with any proceeding in a Criminal Court for criminal 
breach of trust.

21. **Cases  in  which  endowments  are  partly  for  religious  and  partly  for  secular  purposes.**—In  any 
case  in  which  any  land  or  other  property  has  been  granted  for  the  support  of  an  establishment  partly  of  a 
religious and partly of a secular character, 

or in which the endowment made for the support of an establishment is appropriated partly to religious 
and partly to secular uses, 

the Board of Revenue, before transferring to any trustee, manager or superintendent, or to any committee 
of  management  appointed  under  this  Act,  shall  determine  what  portion,  if  any,  of  the  said  land  or  other 
property shall remain under the superintendence of the said Board for application to secular uses, 

and what portion shall be transferred to the superintendence of the trustee, manager or superintendent, or 
of the committee,

and  also  what  annual  amount,  if  any,  shall  be  charged  on  the  land  or  other  property  which  may  be  so 
transferred  to  the superintendence  of  the  said  trustee,  manager  or  superintendent,  or  of  the committee, and 
made payable to the said Board or to the local agents, for secular uses as aforesaid. 

In  every  such  case  the  provisions  of  this  Act  shall  take  effect  only  in  respect  to  such  land  and  other 
property as may be so transferred. 

22. **Government  not  to  hold  charge  henceforth  of  property  for  support  of  any  mosque,  temple, 
etc.**—Except  as  provided  in  this  Act,  it  shall  not  be  lawful for the Central Government  or  any  State 
Government, or for any officer of any Government in his official character, 

to undertake or resume the superintendence of any land or other property granted for the support of, or 
otherwise belonging to, any mosque, temple or other religious establishment, or 

to take any part in the management or appropriation of any endowment made for the maintenance of any 
such mosque, temple or other establishment, or 

to  nominate  or  appoint  any  trustee,  manager  or  superintendent  thereof,  or  to  be  in  any  way  concerned 
therewith.

23. **Effect of Act in respect of Regulations therein mentioned, and of buildings of antiquity, etc.**—
Nothing in this Act shall be held to affect the provisions the Regulations mentioned in this Act, except in so 
far as they relate to mosques, Hindu temples and other religious establishments; or to prevent the Government 
from  taking  such  steps  as  it  may  deem  necessary,  under  the  provisions  of  the  said  Regulations,  to  prevent 
injury to and preserve buildings remarkable for their antiquity, or for their historical or architectural value, or 
required for the convenience of the public.

24. [“India”].—Rep. by the A.O. 1948.